Widya Yuridika
WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights.
Widya Yuridika published two times annually, on June and December. Each of the issue has eight articles both on review and research article.
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<![CDATA[Tanggung Jawab Hukum PT. Gojek Indonesia Atas Hilangnya Saldo Go-Pay Konsumen Dalam Layanan Go-Food ]]>
<![CDATA[Rahmadi Indra Tektona]]>;
<![CDATA[Dyah Ochtorina Susanti]]>;
<![CDATA[Nurhayati Nurhayati]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1350
<![CDATA[This research was conducted to analyze the legal issues regarding the legal responsibility of PT. Gojek Indonesia for consumer losses due to loss of Go-Pay balance in the Gojek account when using the Go-Food service. The type of research used by the author is the type of normative juridical assessment. Then the method used is the law approach and conceptual approach. Whereas the source of legal material consists of:/ a.) Primary legal material, namely laws, and regulations; b.) Secondary legal material includes law books, legal journals, and scientific works in the field of law c.) Non-legal material in the form of information from the internet relating to the science of law related to the problem being studied. Analysis of the legal material used is to use the method of deductive analysis, which is a method of things that are general towards specific things. The results of the research on PT. Gojek Indonesia in the event of loss of consumer balance is liability based on an element of error. PT. Gojek Indonesia as the manager of the Gojek application is obliged to bear consumer losses by providing compensation in the form of returning a sum of money or replacing a lost amount]]>
<![CDATA[Implementasi Besaran Bunga Peer to Peer Lending Berdasarkan Asas Itikad Baik dalam Pemanfaatan Teknologi Informasi Serta Pengawasannya ]]>
<![CDATA[Anita Khoirunisa]]>;
<![CDATA[Agus Suwandono]]>;
<![CDATA[Helitha Novianty Muchtar]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1294
<![CDATA[Peer to Peer Lending (“P2P Lending”) is one of financial technology products as financing alternative for public. The execution of P2P Lending is under supervision of OJK which regulated in POJK Number 77/POJK.01/2016. OJK appointed AFPI as OJK’s strategic partner who is authorized to make regulations on the execution of P2P Lending for Providers which accommodated in Code of Conduct formed by AFPI. In brief, this Code of Conduct contains rules that have not been accommodated in POJK Number 77/POJK.01/2016, which interest rates regulation is a part of the Code of Conduct. Interest rates in P2P Lending only accommodated in Code of Conduct, but it has not been well obeyed by the Providers because there are still infringement in determining the interest rates which exceed the predetermined standard with the unclear interest rate information notice. Therefore, this article aims to analyse the application of P2P Lending interest rates which only regulated in Code of Conduct. Furthermore, researcher will also analyse the utilization of information technology in P2P Lending to find out whether the implementation of P2P is in accordance with the good faith principle of the use of information technology in Law Number 11 of 2008 concerning Information and Electronic Transactions. The results of this legal research indicate that OJK are expected to set loan interest rates in P2P Lending individually so that it can provide legal certainty for each party in P2P Lending which impacts on the implementation of P2P Lending.]]>
<![CDATA[Eksistensi Dan Kedudukan Hukum Adat Dalam Pergumulan Politik Hukum Nasional ]]>
<![CDATA[Winardi Winardi]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1364
<![CDATA[The plurality of laws prevailing in Indonesia is the legal need for Indonesian people who are plural. Factually, a customary law is still required to answer the complexity of the vortex of the global wave. The customary law is values (truth and justice) living among the society. In developing the substance of the law, the 1945 Constitution explicitly acknowledges and give a place and a basis for the enforceability of the legal norms and legal institutions coming from laws living and being applied in the society, namely customary laws and Islamic laws as parts from the national law. This confirmation deals with the inclusion of two new articles in the second amendment (2000) of the 1945 Constitution namely Article 18 B Verse (2) stating that the state recognizes and respects units of customary law communities and their traditional rights as long as they are still alive and in line with the development of the community and the principle of the Unitary State of the Republic of Indonesia stipulated in the laws. Then, Article 28 verse (3) stating that cultural identity and traditional community’s rights are respected in accordance with the development of era and civilization.]]>
<![CDATA[Problematika Korupsi Dana Desa Pada Pelaporan Dan Pertanggungjawaban Keuangan Desa Berdasarkan Prinsip Transparansi, Akuntabilitas, Dan Partisipatif ]]>
<![CDATA[Adi Fauzanto]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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<![CDATA[The development of the community and the post-reform state implemented a decentralized system. Impacts on the formation of regional and structural governance including Village. The village itself is an element of the smallest scope of the region, an important element in all fields of development in the country of Indonesia. The form of village development is the allocation of funds which is one of the village's financial revenues, commonly referred to as the Village Fund. The realization of the objectives of village funds is not achieved easily, there are problems with the management of village funds, namely corruption of village funds. The reconstruction of the village financial accountability and reporting system is needed, both from the beginning of the planning process to the disbursement of the Village Fund using the principles of transparency, accountability, and participation to produce an analysis of the problem. Village Fund Corruption due to the increase in village funds provided by the central government to local governments, and the inadequate management system of the authorized officials. The cause comes from the low quality of the human resources of the village apparatus supported by the lack of transparency, accountability, and participation from the community. In this case, HR (human resources) is needed in managing the organization so that the financial statements can be carried out properly, also it requires community involvement in the management and accountability of the Village Fund. ]]>
<![CDATA[Perdagangan Orang Dalam (Insider Trading) Dalam Transaksi Saham Di PT. Perusahaan Gas Negara Tbk. ]]>
<![CDATA[Ivana Ajeng Prastiwi]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1210
<![CDATA[Badan Pengawas Pasar Modal dan Lembaga Keuangan (Bapepam-LK) memberikan sanksi administratif yaitu berupa denda terhadap 9 orang karyawan dan mantan PT. PGN terkait dalam kasus insider trading. Dengan demikian total denda sebesar Rp 3,178 miliar yang dikenakan Bapepam terhadap ke 9 orang tersebut dengan mempertimbangkan pola transaksi dan akses yang bersangkutan terhadap informasi orang dalam. Pada tanggal 12 September 2006 hingga 11 Januari 2007, PT Perusahaan Gas Negara mengalami penurunan penjualan saham dan dikaitkan atas dugaan adanya tindakan insider trading. Namun, dalam pembuktian terhadap dugaan tersebut harus membutuhkan waktu yang cukup lama dikarenakan keterbatasan teknologi. Penurunan harga saham tersebut berkaitan dengan siaran pers yang dilakukan oleh PGN (Perusahaan Gas Negara) sehari sebelum tanggal 11 Januari 2007. Di dalam siaran tersebut dinyatakan bahwa terjadi koreksi atas rencana besarnya volume gas yang dialirkan mulai dari 150 MMSCFD menjadi 30 MMSCFD. Direksi menyatakan, tertundanya gas ini yang semula dilakukan pada akhir Desember 2006 tertunda menjadi Maret 2007.]]>
<![CDATA[Persepsi Penerapan Wajib Militer Guna Meningkatkan Pendidikan Bela Negara ]]>
<![CDATA[Utari Maharani Noor]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1189
<![CDATA[In the constitution of Republic Indonesia 1945 regulate that all Indonesian citizens should participate to defend the country. It occur in subsection of 27 verse 3 said, “All Indonesian citizens have a right and should participate to defend the country.” The development of defend the country action can be do with some way such as giving a conscription education a though some country who obligate the citizens especially men to do conscription like in South Korea. The basic military training in Indonesia only given to National Indonesian Military who their essence is a thing that directly related with them occupation they do. This journal will explain how the society perception if the application of conscription applied and how the form of the basic military training that appropriate for the student, collage students also people who wants to jump in the world of work. ]]>
<![CDATA[Work Relationship Terminated Employees Legal Protection To Get Severance Payment From PT. Kertas Lecess Related To Law Of Bankruptcy And Law Of Labor ]]>
<![CDATA[Susilawati Ussy RafaRayya]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1276
<![CDATA[This research titled is work relationship terminated employees legal protection to get severance payment from PT. Kertas Lecess related to law of bankruptcy and law of labor. The position of the worker or labor can be seen in two aspects, namely in terms of juridical and socio-economic aspects. From a socio-economic point of view, workers need legal protection from the state for the possibility of arbitrary action by entrepreneur. The form of protection provided by the government is by making regulations that bind workers and employeee, in this case there is Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment Jo. Law Number 13 of 2003 concerning Labor Jo. MK Decision No. 67 / PUU-XI / 2013PT. The regulation is used as a basis for employees of PT. Kertas Lecess to sue the BUMN to be declared bankrupt and responsible for paying severance for its employees. PT. Kertas Lecess is a state-owned enterprise (BUMN), which went bankrupt in September 2019. There are around 1800 workers who must receive termination of employment. The value of severance payment for workers affected by layoffs is around Rp. 300 billion. Employees affected by layoffs protest because they have not received severance payment and even 1,900 employees who have not received their salary for 4 years. PT. Kertas Lecess was decided bankrupt by the Surabaya Commercial Court as a result of the cancellation of the peace proposal submitted by 15 of his employees on September 25, 2018. With the above considerations, the Panel of Judges of the Surabaya District Court, decided to grant the request for a cancellation of peace (Homologation) and stated that PT. Kertas Lecess is proven guilty of negligence for the non-payment of the salaries of PT. Kertas Lecess employees.]]>
<![CDATA[Penghilangan Hak Kewarganegaraan Bagi Eks ISIS ]]>
<![CDATA[samsul arifin]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1295
<![CDATA[Southeast Asia is one of the objects of ISIS ideology, especially in Indonesia and Malaysia, where the majority of the population is Muslim. The existence of a common sense of fate and the belief that there is no system of state order and good governance except the Khilafah system, this encourages them to join in. Behind the news of the death of the leader of the group raises the question of how the fate of Indonesian citizens who are incorporated in it. The statement from President Jokowi that he would not repatriate them, this got the same response from the public who thought that the former ISIS group if repatriated to Indonesia would become terrorists. This research attempts to analyze the legal impact on those who join ISIS, what policies are taken by the government, whether they will lose citizenship, and how positive laws govern them. The method used in this research is the statute approach. This approach moves from positive laws both national and international, vertical and horizontal. The purpose of this study is to determine the legal impact and clarity of citizenship rights for those who join ISIS.]]>
<![CDATA[Communication Strategy on Environmental Law for Waste Management in Bukittinggi City ]]>
<![CDATA[Anggi Putri Kurniadi]]>;
<![CDATA[Susi Evanita]]>
<![CDATA[ Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v3i1.1327
<![CDATA[This study aims to inform and persuade the community of Bukittinggi City in Mandiangin Koto Selayan Subdistrict to apply the environmental law Bukittinggi City Regulation No. 5 of 2014 concerning waste management and levies / cleaning services because there is a point of waste accumulation in Mandiangin Koto Selayan Subdistrict, even though Bukittinggi received the Adipura award in the last three years in a row. The action to anticipate this problem is through a communication strategy on environmental law for waste management in Bukittinggi City to maintain a clean environment by using a hierarchy effect model. The results showed that waste management was not optimal due to the low awareness of the community in disposing of waste according to Bukittinggi City Regulation Number 5 of 2014. Based on this, waste management was not neatly arranged which had an impact on environmental degradation and aesthetic disturbances. The study recommends that communication of environmental law and implementation of waste management need to be improved so that Bukittinggi City can maintain the Adipura award in the future.]]>
